In a Computer and Telecommunications Law Review article, data privacy and cybersecurity partner Rohan Massey and health care partners Christine Moundas and David Peloquin analyzed neurodata privacy law updates from the United States, United Kingdom and European Union.
Following an evaluation of existing US, UK and EU frameworks, and considering issues around the classification of neurodata as special or sensitive data; the feasibility of obtaining valid consent; the limits of automated processing; discrimination risks; and heightened cybersecurity obligations, the authors conclude that, pending dedicated legislation, organizations must navigate a patchwork of overlapping regimes while anticipating convergence around proposed international neurorights and forthcoming United Nations Educational, Scientific and Cultural Organization standards.
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